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What’s Next Following the Supreme Court’s Decision in Sackett v. EPA?

The Court’s decision has prompted the US Army Corps of Engineers to freeze jurisdictional determinations for permitted activities pending additional guidance. On May 25, 2023, by a narrow 5-4 majority, the US Supreme...more

EPA and Army Corps Seek to Redefine Waters of the United States

The proposed definition would significantly extend the regulatory scope of the Clean Water Act. On December 7, 2021, the US Environmental Protection Agency and the US Army Corps of Engineers (collectively, the Agencies)...more

Supreme Court Grants Certiorari in Clean Water Rule Case Jurisdictional Challenge

On January 13, 2017, the US Supreme Court granted certiorari for an appeal that will allow the Court to determine the proper jurisdiction for litigation challenging the Clean Water Rule (the Final Rule). The federal Clean...more

Environmental Protection Agency Adopts National Limits on Formaldehyde Exposure for Composite Wood Products

On December 12, 2016, EPA published the final Formaldehyde Standards For Composite Wood Products Rule (the Rule) in the Federal Register. The compliance date for most aspects of the Rule is December 12, 2017, with a...more

Sixth Circuit Stays Obama Administration’s New Clean Water Rule Nationwide

On October 9, 2015, the US Court of Appeals for the Sixth Circuit stayed the implementation of the Clean Water Rule (the Final Rule) nationwide. The Final Rule defines “waters of the United States” (WOTUS), a threshold term...more

Federal Judge Grants Preliminary Injunction Blocking the Obama Administration’s New Clean Water Rule From Taking Effect

On August 27, 2015, the US District Court for the District of North Dakota issued a preliminary injunction against implementation of the Clean Water Rule (the Final Rule). The Final Rule defines Waters of the United States...more

EPA and Army Corps Issue Final Rule to Govern Federal Clean Water Act Jurisdiction

Those currently or potentially subject to Clean Water Act regulation should plan for expanded federal jurisdiction upon implementation of the Clean Water Rule’s broad new definition of “waters of the United...more

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